Brief Description: Concerning the relocation of harbor lines.

Sponsors: Representatives Linville, Schoesler, Rockefeller, Sump and Orcutt; by request of Commissioner of Public Lands.

Hearing Date: 1/31/03

Staff: Jason Callahan (786-7117).

Background:

The Washington Constitution requires the Legislature to appoint a commission to establish harbor lines for the navigable waters extending in front of, or one mile beside, any incorporated city limit (Wash. Const. Art. XV, Sec. 1). The harbor area exists between the outer harbor line and the ordinary high water mark, or inner harbor line. The harbor area is the area between the outer and inner harbor line, and can not exceed 2,000 feet, or fall shorter than 50 feet. The harbor area designated by the Harbor Line Commission is required by the Constitution to be reserved for landings, wharves, and other conveniences of navigation and commerce. No structure within a harbor area may be leased for a term exceeding 30 years (See Wash. Const. Art. XV, Sec. 2).

The Legislature has appointed the Board of Natural Resources to serve as the Harbor Line Commission (RCW 79.92.010). The Harbor Line Commission may locate and establish harbor lines and determine harbor areas. However, once established, the Harbor Line Commission generally may only change, relocate, or reestablish the harbor lines for harbors that are expressly listed by the Legislature (RCW 79.92.030). Of the 30 harbor areas currently established in the state, the legislature has granted the Harbor Line Commission express authority to amend the harbor lines for 21 of them. The nine harbor areas that the Harbor Line Commission does not have the authority to amend are Blaine, Edmonds, Ilwaco, Kennewick, Lake Whatcom, Pasco, Snohomish, and Steilacoom.

Summary of Bill:

The Harbor Line Commission is authorized to change, relocate, or reestablish harbor lines for all harbors in the state.

Appropriation: None.

Fiscal Note: Not Requested.

Effective Date: Ninety days after adjournment of session in which bill is passed.